charles county, maryland · 2019. 7. 2. · st. charles parkway stream restoration itb #20-03 . i-1...

CHARLES COUNTY, MARYLAND

INVITATION TO BID

ST. CHARLES PARKWAY STREAM RESTORATION

ITB NUMBER 20-03

July 2, 2019

http://www.charlescounty.org/apps/workgroups/publicview/displayImage.jsp?groupCode=320&eventID=282&formAction=E&IDvalue=1453

ST. CHARLES PARKWAY STREAM RESTORATION ITB #20-03

i

Table of Contents

PART I - INSTRUCTIONS TO BIDDERS

1.0 PREPARATION OF BID ........................................................................................ I-1

2.0 CONTRACT INFORMATION ............................................................................... I-8

3.0 SOCIO-ECONOMIC PROGRAMS ..................................................................... I-11

4.0 MISCELLANEOUS TERMS ................................................................................ I-12

PART II - GENERAL PROVISIONS

1.0 GENERAL PROVISIONS .................................................................................... II-1

PART III - SPECIAL PROVISIONS

1.0 GENERAL ............................................................................................................ III-1

2.0 SCOPE OF SERVICES ........................................................................................ III-3

3.0 SCOPE OF WORK ............................................................................................... III-9

APPENDICES

APPENDIX 1 – DRAWINGS & SPECIFICATIONS

APPENDIX 2 – FORMS

APPENDIX 3 –PERMITS

APPENDIX 4 – CLOSEOUT DOCUMENTS

APPENDIX 5 – TRANSFER OF AUTHORIZATION

APPENDIX 6 – PREVAILING WAGE

PART I - INSTRUCTIONS TO BIDDERS


I-1

1.0 PREPARATION OF BID

1.1 GENERAL BID INFORMATION

The County Commissioners of Charles County are hereby requesting sealed bids from qualified

Contractors to perform construction services for the restoration of approximately 552 linear feet (LF) of a

tributary to Zekiah Swamp Run. The project site is located north of St. Charles Parkway, east of Gallery

Place and south of Heathcote Road in Charles County, Maryland. The location is as shown on the vicinity

map on the Contract Drawings. The primary purpose of this project is to provide stream restoration in an

actively eroding channel through the installation of in-stream and bank stabilization structures.

As used herein, the term “County” shall refer to the Government of Charles County, Maryland. The term

“Bidder” shall mean the individual or firm submitting a response to this solicitation, and shall be

synonymous with the terms, “offeror”, “proposer”, “bidder”, etc. In like manner, the term “Bid”, shall

refer to a response submitted to this solicitation, and shall be synonymous with the terms “offer”,

“proposal”, “bid’, etc. The term “Contract” shall mean the agreement between the County and the Bidder

selected, whether issued by formal contract, award letter, purchase order, or any other means acceptable

to the County. The term “Contractor” shall mean the Bidder selected for award, based upon the bid

submitted in response to this solicitation.

1.2 BID PACKAGE CONTENT

A complete Bid package shall include the following:

1.2.1 Bid Form

Bids shall be submitted on the Bid Form, in Appendix 2. Bidders shall provide lump sum pricing for

Base Bid Item (A-1) and unit pricing for Contingency Items (B-1 through B-5). Bid Items are explained

in Part III - Special Provisions. Bidders shall complete all blanks on the Bid Form. All blank spaces of

the form shall be fully completed in legible ink or typewritten

The Bid Form must be signed by an officer authorized to make a binding commitment for the firm

submitting the Bid.

1.2.2 Transmittal Letter

Bidders shall complete and submit the Transmittal Letter form in Appendix 2. The Transmittal Letter

must be signed by the company official authorized to enter into binding contracts. Any information

identified as “Confidential” shall be noted by reference and appended to the Transmittal Memo. Each

item identified as “Confidential” shall be accompanied by an explanation. Refer to Part I, Section 4.9

– Public Information Act/Confidentiality Notice.

1.2.3 Experience Form

Bidders shall be required to complete and submit the Experience Form in Appendix 2. A qualified

Bidder must have requisite experience for the work as described in the specifications and must be

actively engaged as a legal entity in this field for a period of no less than five (5) years at the time of

bidding. Bidders shall demonstrate their experience on the Experience Form. Bidders shall provide no

less than five (5) projects completed within the past five (5) years as specified below. All blank spaces

of the form shall be fully completed in legible ink or typewritten.


I-2

A. Relevant Firm Experience:

A minimum of five (5) completed representative projects that demonstrate the Bidder’s experience in

the following areas:

A. Installation of stream restoration structures such as cross vanes, log vanes, coir logs, riffle grade controls, large woody debris, imbricated rip rap, J-Hooks, rock packs, shallow wetlands bush

layering, and soil fabric lifts;

B. Stream channel excavation including working with saturated soils, bank stabilization, and the installation of riparian buffer plantings;

C. Submit installer qualifications verifying successful tubeling installation; D. Provide any and all stream restoration projects within the Maryland Department of Environment

jurisdiction including any work within Anne Arundel, Calvert, Charles, Howard, Montgomery,

and Prince Georges counties.

B. Contractor’s Staff Experience

The Contractor’s Foreman shall possess the special knowledge, background, training and experience of

no less than five (5) years in stream restoration construction in general, including but not limited to:

A. The maintenance of stream flow, including clean water pumps, dirty water pumps, and other related sediment and erosion control practices;

B. The construction of stream restoration structures, bank stabilization, landscaping and environmental habitat features;

C. Stream restoration construction stakeout, access to construction zones, clearing, erosion and sediment control installation, and earth disturbance activities in and adjacent to stream projects

without disturbing adjacent or nearby natural resources such as wetlands, trees, etc.

Within ten (10) consecutive calendar days of receiving notice of being the apparent low

bidder, the Contractor shall submit sufficient documentation of the knowledge, background,

training, and experience of the Foreman to the Purchasing Representative. The County will

review and approve the Contractor’s assignment. No notice of award will be issued until the

County has formally approved the Contractor’s assignment of the Foreman. Failure on the part of

the Contractor to submit the documentation and information specified herein may become a basis

for the County to deem the Contractor as non-responsible.

1.2.4 Bid Security

A five percent (5%) Bid Bond from a surety licensed to do business in the State of Maryland and

satisfactory to the County, certified check, or bank Cashier’s/Treasurer’s Check shall accompany the

bid or the bid will not be considered. Bid Bonds shall have the accompanying Power of Attorney. Bid

securities shall be returned promptly after the County and the selected Bidder have executed the contract,

or, if no Bidder’s bid has been selected within one-hundred-twenty (120) consecutive calendar days after

the date of the opening of bids, upon the demand of the Bidder at any time thereafter, as long as the

Bidder has not been notified of acceptance of his bid. The Bidder, to whom the contract shall have been

awarded, shall be required to execute the contract in accordance with the terms and conditions herein.

If the Bidder selected for award fails or refuses to execute the contract and/or fully comply with

requirements of this solicitation their bid security shall be forfeit to the County as liquidated damages in

accordance with the terms and conditions contained herein.


I-3

1.2.5 Other

The following items shall also be submitted in the Bid Package:

a. All applicable licenses and certifications; b. Addendum Certification Form; c. Intended Non-MBE Subcontractors Form; d. Charles County MBE Utilization Affidavit Form; e. Proposed MBE Subcontractors Form; f. SLBE Utilization Affidavit (if applicable); g. Official Letter of SLBE Intent (if applicable); and h. Non-Collusion Affidavit.

1.2.6 Bidder Certification of Acceptance

By submitting a bid in response to this ITB, the Bidder certifies their acceptance of all terms and

conditions set forth within this document, which will be made a part of the final contract documentation.

All work, if any, shown on the contract drawings, specifications, and reports referenced in the

Appendices is made part of this solicitation package.

1.2.7 Additions/Modifications to Solicitation Forms

Modifications of or additions to the Bid Form or any other County form may be cause for rejection of

the bid, however, the County reserves the right to decide, on a case by case basis, in its sole discretion,

whether or not to reject such a bid as nonresponsive. As a precondition to bid acceptance, the County

may, in its sole discretion, request that the Bidder withdraw or modify any such modifications or

additions which do not affect quality, quantity, price, or delivery.

1.3 BID SUBMISSION

Please see the Solicitation Schedule, below, for the due date and time for bids. Immediately after the bid

due date and time, all bids will be publicly opened and read aloud. Bids shall be valid and irrevocable for

a minimum of one hundred-twenty (120) days from the due date. Submission, modification, or withdrawal

of bids after the due date/time will NOT be considered.

A Bidder may submit only one (1) bid in response to this ITB. Bidders shall submit (1) unbound original,

so identified, two (2) bound copies of the complete Bid package, totaling three (3) complete packages. If

the bid contains proprietary information, submit one (1) hard copy of the bid that DOES NOT contain

proprietary information, and mark it as REDACTED copy. Bids shall be sealed in an envelope marked

“ITB No. 20-03, ST. CHARLES PARKWAY STREAM RESTORATION– DO NOT OPEN”. Bids

must be received prior to the time and closing date specified herein. Submit bids to:

Amanda Willis, Senior Procurement Specialist

Charles County Government

Purchasing Division – Room #B130

200 Baltimore Street

La Plata, MD 20646

* NOTE: Due to Charles County mail processing times, additional time may be necessary for mail delivery.

It is the Bidder’s sole responsibility to ensure that bids are delivered to the Purchasing Division office

(Room #B130) before the due date and time. Any bids not received timely will not be considered.


I-4

1.4 SOLICITATION SCHEDULE

This schedule may be subject to change. Bidders shall monitor the Bid Board accordingly for addendums.

NOTE: Times and dates are subject to change due to extenuating circumstances, including inclement

weather. Bidders may obtain County operating status by calling 301-645-0600 (meeting times cannot be

verified at this number) or by referring to County operations status updates on the Charles County

Government website at http://www.CharlesCountyMD.gov.

Milestone Date

ITB Published July 2, 2019

Optional Pre-Bid Meeting

and Optional Site Visit

July 16, 2019 at 2:30 p.m.

(Eastern Time)

Last Day for Questions July 19, 2019 before 4:30 p.m.

(Eastern Time)

Bids Due to County* August 7, 2019 before 3:00 p.m.

(Eastern Time)

*If the County is closed for business at the due date and time scheduled, for whatever reasons, sealed bids

will be accepted on the next business day of the County, at the originally scheduled time. Bidders shall

monitor the Bid Board for schedule changes issued via addendum.

1.5 OPTIONAL PRE-BID MEETING & OPTIONAL SITE VISIT

The following meetings shall be held for this solicitation:

• An optional pre-bid meeting shall be held at the Charles County Government building, 200 Baltimore Street, La Plata, MD 20646.

• An optional site visit shall be held immediately following the conclusion of the optional pre-bid meeting. The meeting place will be the US Fuel Station at 3030 St. Charles Parkway, Waldorf,

MD 20602. This will be the only opportunity for a site visit.

See Part I, Section 1.4 for dates and times.

NOTE: Each bidder, before submitting a bid for this project, shall thoroughly familiarize

himself/herself with all existing conditions of the site.

All attendees shall be required to sign in on the County’s attendance log, which shall be published on the

County’s Bid Board.

1.6 SOLE POINT OF CONTACT

The Purchasing Representative identified herein is the SOLE POINT OF CONTACT at Charles County

Government for this procurement. All communication between bidders and Charles County Government

shall be with the Purchasing Representative until a fully executed contract is delivered to the Contractor.

BIDDERS OR ANY OF THEIR AUTHORIZED REPRESENTATIVES MAY NOT INITIATE

CONTACT WITH CHARLES COUNTY GOVERNMENT OTHER THAN THE CONTACT

http://www.charlescountymd.gov/


I-5

IDENTIFIED BELOW, FOR ANY REASON DURING THE BIDDING PROCESS OR PRIOR TO

FULL CONTRACT EXECUTION. Any communication outside this process may result in

disqualification.

Purchasing Representative

Amanda Willis, Senior Procurement Specialist

Purchasing Division

Email: [email protected]

Fax: (301) 645-0543

1.7 QUESTIONS

All inquiries concerning technical or bidding information should be directed in writing (via email or fax)

with the solicitation number and name in the subject line to the Purchasing Representative identified in

Part I, Section 1.6 – Sole Point of Contact. Please see the Solicitation Schedule, above, for the last day

and time for questions related to the solicitation.

If any person contemplating submitting a bid in response to this solicitation is in doubt as to the true

meaning of any part of the Specifications, they may submit to the County, a minimum of fourteen (14)

calendar days prior to the scheduled due date, a written request for an interpretation or correction thereof.

The person submitting the request will be responsible for its prompt delivery.

1.8 ADDENDA AND SUPPLEMENTS

In the event that it becomes necessary to revise any part of this solicitation, or if additional information is

necessary to enable the Bidder to make an adequate interpretation of the provisions of this solicitation, a

supplement to the solicitation will be issued. The Bidder shall acknowledge in their bid, the receipt of all

addenda, supplements, amendments, or changes to the solicitation that were issued by the County. Oral

statements made by County personnel shall not bind the County in any manner whatsoever and cannot be

used to protest or otherwise challenge any aspect of this solicitation or subsequent agreement.

Any interpretation, correction, changes to the solicitation will be made only by addendum duly

issued, and will be posted on the County Bid Board found at www.CharlesCountyMD.gov. Click on

“Procurement” and then “Bid Board”. Any and all addenda issued prior to the bid due date/time shall

become a part of the contract documents and shall be covered in the Bidder’s bid prices, unless an alternate

bid schedule is presented by addendum. It is the responsibility of the Bidder to check the County Bid

Board as frequently as necessary to obtain all updates and addenda to the solicitation.

1.9 PERFORMANCE AND PAYMENT BONDS

A Performance Bond and Labor & Material Payment Bond in the amount of one-hundred percent (100%)

of the contract price will be required from sureties licensed to do business in the State of Maryland and

satisfactory to the County and shall be submitted to the County at the time of contract execution by the

Bidder within the timeframes required herein. Premiums for the bonds described above shall be paid by

the Contractor. Bonds shall contain a provision that it shall not be cancelled, non-renewed or materially

altered without at least ninety (90) days written prior notice to the County.

1.10 PERFORMANCE DATA

Bidders shall be required to complete and submit the Experience Form included in Appendix 2. Bidders

shall have the capability to perform classes of work contemplated, having sufficient capital to execute the

mailto:[email protected]


I-6

work properly within the specified time.

The County reserves the right to request any additional information, utilize references not provided by a

Bidder, and validate any information provided by a Bidder by any means deemed necessary by the County

for the purpose of determining the Bidder’s ability to perform the services described herein.

1.11 REJECTION OF QUOTES/BIDS/PROPOSALS

Although not intended to be an exhaustive list of causes for disqualification, any one or more of the

following causes, among others, may be sufficient for the disqualification of a Bidder and the rejection of

its bid:

a. Evidence of collusion among Bidders. b. Lack of competency revealed by financial statements, experience, equipment statements, or

other factors.

c. Lack of responsibility as shown by past work, judged from the standpoint of workmanship as submitted or from previous experience with the Bidder.

d. Default on a previous similar contract for failure to perform. e. Being delinquent in payments due to Charles County Government. f. Exceptions or exclusions to the requirements of the solicitation. g. Failure to be in “Good Standing” with the State of Maryland. h. Previous substandard performance on a County contract. i. Failure to perform properly or to complete, in a timely manner, contracts of a similar nature,

or if investigation shows the offeror unable or unlikely to perform the requirements.

j. Failure to furnish information requested by the County.

The County reserves the right to reject any/all bids, to waive irregularities and/or informalities in any bid,

and to make award in any manner, consistent with law, deemed in the best interest of the County.

1.12 ARITHMETICAL ERRORS

Any errors in computations may be corrected during the County’s review of the bids. The County shall

not be responsible for Bidder computation errors contained on the Bid Form. All values contained on the

Bid Form remain the responsibility of the Bidder. Where the unit price and the extension price are at

variance, the unit price will prevail. In the event that the unit price is not provided, the unit price shall be

the extended price divided by the quantity.

1.13 ELIGIBILITY FOR AWARD

In order to be eligible for award, Bidders shall meet the following conditions:

1. By submitting a bid in response to this solicitation, the Bidder certifies that their firm is not debarred, suspended, or otherwise ineligible for participation in government procurement by the

federal government, the State of Maryland, or any other state, county, or municipal government.

2. The firm certifies that it is not delinquent in any payments due to Charles County Government. The County reserves the right to refuse bids and/or not contract with firms in a delinquent payment

status with Charles County Government. 3. Bidders’ status shall be verified with the State of Maryland Department of Assessments and

Taxation (SDAT). The County may require the successful Bidder to submit a "Certificate of

Status," issued by the Maryland Department of Assessments and Taxation's Charter Division, and

State of Organization identifying the vendor is in “good standing” with the State of Maryland.


I-7

1.14 BIDDER INVESTIGATIONS

Prior to submitting a bid, each Bidder shall make all investigations and examinations necessary to ascertain

all conditions and requirements affecting the full performance of the contract and to verify any

representations made by the County that the Bidder will rely upon. No pleas of ignorance of such

conditions and requirements resulting from failure to make such investigations and examinations will

relieve the successful Bidder from its obligation to comply in every detail with all provisions and

requirements of the contract documents or will be accepted as a basis for any claim whatsoever for any

monetary consideration on the part of the successful Bidder.

1.15 NOTIFICATIONS

Legal notice given by the County to the Bidder shall be addressed to the address provided in the Bidder’s

bid. Notice given by the County by any of the following: letter delivered by (1) UPS or FedEx; (2) USPS

first class postage mail; or (3) USPS certified or registered mail, shall be deemed as having been received

by the addressee three (3) business days after the date of mailing.

1.16 NEGOTIATIONS

The County may negotiate contract terms, price, statement of work, or other conditions that results in the

most advantageous outcome for the County. In the event an agreement satisfactory to the County cannot

be negotiated, the County may terminate negotiation and move to another Bidder.

1.17 GOVERNING LAW

This Contract shall be governed by and construed only in accordance with the laws of the State of

Maryland.

1.18 PREVAILING WAGES

All County financed construction projects exceeding $500,000 are subjected to the prevailing wages rates

as outlined in Appendix 6. Prevailing wage rates provided in Appendix 6 are subject to change. The wage

determination active on the date the Notice to Proceed is issued shall apply to the project.


I-8

2.0 CONTRACT INFORMATION

2.1 AWARD OF CONTRACT

The County reserves the right to reject any/all bids, to waive irregularities and/or informalities in any bid,

and to make award in any manner, consistent with law, deemed in the best interest of the County.

The County anticipates the award to be based upon the Total Bid Price on the Bid Form provided it is in

the County’s best interest to do so. The contract entered into with the successful bidder shall meet all

standard provisions required by the County.

The County intends to contract with a single firm and not with multiple firms doing business as a joint

venture. Subcontractors may not be used in the conduct of this contract without express written approval

of the County. The County reserves the right to reject any subcontracted relationship if changes or

additions of subcontractors are necessary during the life of the contract. The Contract documents will

consist of the Contract, this Solicitation, the Bidder’s bid, and any addenda or other modifications to the

solicitation and items below specified in Part I, Section 2.3.

2.2 CONTRACT EXECUTION

The successful Bidder to whom the contract shall have been awarded shall be required to execute the

contract on the form attached hereto (or as authorized by the County) and shall furnish all requirements

due at contract execution, which may include, but is not limited to performance bonds and/or payment

bonds, insurance certificates, equipment inspections, licenses, etc., as specified herein.

2.3 CONTRACT DOCUMENTS

All work under this project shall be in accordance with the contract documents. The Contract documents

for this project includes, but is not necessarily limited to, this solicitation package, project plans and

specifications as shown in Appendix 1, the Charles County Standards and Specifications for

Construction, the Charles County Standard Detail Manual, the Charles County Water and Sewer

Ordinance, Road Ordinance, and the Erosion and Sediment Control Ordinance. Manuals,

specifications, ordinances, and other pertinent documents, which are available on the County’s web site

at http://www.charlescountymd.gov/pgm/general/pgm-publications.

Additionally, the Contract Documents shall also include the following:

a. All written modifications, amendments and change orders to this Agreement issued in accordance with Article 1.4 of the General Provisions of Contract between the County and the

Contractor (“General Conditions of Contract”);

b. Contractor’s bid and accompanying exhibits submitted in response to the County’s Project Criteria and Solicitation; and any solicited and/or unsolicited Alternates to the Solicitation

accepted by the County in writing.

The Contract Documents are intended to permit the parties to complete the work and all obligations

required by the Contract Documents within the specified time(s) for the bid price. The Contract

Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with

words and phrases interpreted in a manner consistent with construction and design industry standards. In


I-9

the event of any inconsistency, conflict, or ambiguity between or among the Contract Documents, the

County will make a determination on which item of discrepancy shall take precedence. Within listed

documents or group of documents, the later dated shall have precedence over the earlier requirements, and

specific requirements shall have precedence over the general requirements.

2.4 DEFAULT AND SUSPENSION

If a Bidder who has been selected for award and offered a contract refuses or fails to execute the contract

and/or fully comply with all requirements of this solicitation within fourteen (14) consecutive calendar

days after receipt of formal notice of award or an alternate date specified by the Chief of Purchasing, the

Bidder may be considered to have defaulted with respect to execution of the contract, and to have

abandoned all rights and interests in the contract. In such instance the bid security, if any, may be declared

forfeited to the County without further notice to the Bidder. In the event of such default, award may then

be made to another Bidder determined to be in the best interest of the County, or the solicitation may be

cancelled and/or re-advertised for bids as deemed if deemed in the best interests of the County.

A Contractor, who has executed a contract with the County, may be considered to have defaulted in the

performance of the Contract, by: failure to comply with the requirements of the contract, sub-standard

performance, failing to complete the contract, and/or by other significant errors and omissions as

determined by the Project Manager and the Chief of Purchasing. In such instance, the Contractor’s

performance and/or payments bonds, if any, may be exercised, and the Contract terminated and awarded

to another Bidder if determined to be in the best interest of the County.

A Bidder /Contractor, who has defaulted as discussed above, may be declared by the Chief of Purchasing

to be ineligible to bid on future County solicitations for a period of up to two (2) years from the date the

County determined the Bidder /Contractor to have defaulted. This determination by the Chief of

Purchasing shall be final, and not subject to appeal.

2.5 TERM OF CONTRACT

The Contractor selected shall complete the scope of work and all requirements contained herein within

three hundred sixty-five (365) consecutive calendar days after start date to be specified in a written a

Notice to Proceed issued by Charles County Government, as established by the County and the Contractor,

plus any contract time extensions approved by the County to complete all work to a point of substantial

completion as deemed by the County.

2.6 BIDDER/AWARD PROTESTS

All protests made pursuant to this solicitation must be in writing and delivered to the Chief of Purchasing:

(a) within ten (10) calendar days after the Purchasing Division has publicly posted the proposed contract

award, if a Bidder seeks as a remedy the award of the contract, or (b) before the submission date for bids,

if a Bidder seeks as a remedy the cancellation or amendment of the solicitation. Each protest must

contain a protest filing fee in the amount of $500 (US currency); if the fee is paid by check, then the

check must be made out to “Charles County Government”. The Chief of Purchasing, may, at his sole

election, return the filing fee to the protesting Bidder, if the protest is sustained. Filing fees for unsustained

protests shall not be returned. The Chief of Purchasing must dismiss any protest not timely received.

Only a Bidder that is “aggrieved” is eligible to file a protest. Aggrieved means that the Bidder who is

filing the protest is susceptible for an award of the contract if the protest is sustained (e.g., a fourth ranked

Bidder is not aggrieved unless the grounds for a protest, if sustained, would disqualify the top three ranked


I-10

Bidders or would require that the solicitation be reissued). Each protest must contain the following:

identification of the solicitation; the name, address and telephone number of the protesting Bidder; a

statement supporting that the Bidder is aggrieved; and specification of all grounds for the protest, including

submission of detailed facts and all relevant documents, citation to relevant language in the solicitation,

regulations, or law relied upon; and, all other matters which the Bidder contends supports the protest. The

burden of production of all relevant evidence, data and documents, and the burden of persuasive argument

to support the protest is on the Bidder making the protest.

The Chief of Purchasing shall forward to the County Attorney, all protests timely received and appropriate

information addressing the circumstances of the protest. The Chief of Purchasing shall also forward for

the County Attorney’s information, all protests not timely received and/or otherwise ineligible, that was

dismissed by the Chief of Purchasing.

The Chief of Purchasing, after consultation with the County Attorney, shall determine whether to sustain

or reject the protest, and shall provide written notice of his determination to the Bidder making the protest,

and to the County Attorney. In the case of a sustained protest, the Chief of Purchasing, after consultation

with the County Attorney, shall determine what remedy shall be taken to redress the protest. All decisions

of the Chief of Purchasing shall be final, and not subject to appeal.


I-11

3.0 SOCIO-ECONOMIC PROGRAMS

3.1 MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM

Bidders are advised that Charles County Government has established an MBE Program which applies to

all formal solicitations. There is an aspirational minimum goal of 25% MBE participation for each project.

The use of MBEs is strongly encouraged.

The County recognizes, as Minorities, the following groups: African Americans; American Indians/Native

Americans; Asians; Hispanics; Women; Physically or Mentally Disabled persons and Disabled American

Veterans. The County will automatically recognize MBE status for any firm certified by the Maryland

Department of Transportation (MDOT), Federal 8-A registration or Charles County Government.

Information concerning the Charles County MBE Registration Process may be obtained by contacting the

Charles County Economic Development Office, at (301) 885-1340 x2202.

The solicitation documents included herein contain a form entitled “Minority Business Enterprise

Utilization Affidavit”. This document indicates the MBE certification status of the Bidder, as well as the

level of participation of any MBE sub-contractor(s) or supplier(s). Bidders are required to complete this

form and submit it with their bid. The awarded Bidders shall be required to report MBE Utilization to the

County post award on the County’s “MBE Utilization – Post Award” form, if they have proposed any

MBE usage.

The County maintains a list of registered MBE firms on the Economic Development website located at

http://www.meetcharlescounty.com/local-minority-business-programs/.

3.2 SMALL LOCAL BUSINESS ENTERPRISE (SLBE) PROGRAM

Bidders are advised that Charles County Government has established a Small Local Business Enterprise

(SLBE) Program, which registered Charles County SLBE firms responding to this solicitation may receive

a preference in accordance with the provisions of the Program that may apply to a formal solicitation

resulting in an award of less than $500,000 if they:

• Are registered in the Charles County SLBE Program and eligible in all other respects, at the time the firm’s bid is submitted.

• Complete the attached SLBE forms and indicate their SLBE status.

• Are susceptible for award for a contract valued less than $500,000.

Registered Charles County SLBEs must meet all the same requirements of non-SLBE Bidders. Firms must

have completed the registration process and have achieved full SLBE status by the due date for bids, in

order to receive consideration as a SLBE during the evaluation of bids. Information concerning the Charles

County SLBE Registration Process may be obtained by contacting the Charles County Economic

Development Office, at (301) 885-1340 x2202.

The County maintains a list of registered SLBE firms on the Economic Development website located at

http://www.meetcharlescounty.com/local-minority-business-programs/.


I-12

4.0 MISCELLANEOUS TERMS

4.1 INCURRING COSTS

The County is not liable for any costs incurred by the Bidder prior to issuance of contract.

4.2 INDEMNIFICATION CLAUSE

The Contractor shall protect, hold free and harmless, defend and indemnify Charles County, including its

officers, agents, and employees from all liability, penalties, costs, losses, damages, expenses, causes of

action, claims or judgments, including attorney’s fees, resulting from injury to, or death of, any person or

damage to property of any kind, which injury, death or damage arises out of, or is any way connected with

the performance of the work under this contract. This agreement shall apply to any acts or omissions,

negligent conduct, whether active or passive, including acts or omissions of contractor’s agents or

employees; except that this agreement shall not be applicable to injury, death or damage to the property

arising from the sole negligence of Charles County, it’s officers, agents and employees.

4.3 PAYMENT OF TAXES

The firm awarded the contract resulting from this solicitation shall be responsible for paying all Maryland

sales tax, and any other applicable taxes, on items purchased by the Contractor in the pursuit of this

contract. The County tax exempt status cannot be transferred to the Contractor.

4.4 INSURANCE

The Contractor shall provide, at his expense, commercial automobile insurance including pollution, bodily

injury and property damage insurance covering all vehicles whether owned, hired, or non-owned operated

by/or on behalf of the Contractor in the performance of this contract, and any other insurance applicable

as deemed necessary by the County. Below are the minimum units:

• Bodily Injury: $1,000,000 per person $2,000,000 per occurrence

• Property Damage: $500,000 per occurrence

Contractor shall also obtain and pay premium for the following:

• Workmen’s Compensation in compliance with Maryland Statutory Limit.

• Commercial General Liability including pollution coverage in an amount not less than $2,000,000 (combined personal injury and/or property damage) per occurrence subject to $3,000,000

aggregate.

• Environmental Insurance policy including pollution and use of chemicals in an amount not less than $2,000,000 per occurrence and $3,000,000 annual aggregate.

If property insurance requires deductibles, the Contractor shall pay cost not covered because of such

deductibles.

The successful Bidder shall provide the County with Certificates of Insurance evidencing the coverage

required above. Such certificates shall name County Commissioners of Charles County as an additional

named insured, referencing the solicitation name and number. Successful Bidder must provide Certificates

of Insurance prior to final execution of the Contract. The providing of any insurance required herein does

not relieve the successful Bidder of any of the responsibilities or obligations assumed by the Bidder in the

contract awarded or for which the bidder may be liable by law or otherwise.


I-13

4.5 PERFORMANCE EVALUATIONS

The County shall perform periodic performance evaluations, at the County’s discretion, on all Work

performed by the Contractor under this Contract. The Contractor shall have the opportunity to review

performance evaluations upon request. Performance evaluations shall be maintained in the County’s

contract files.

4.6 TESTING AND INSPECTIONS

Unless otherwise stated in the Special Provisions, drawings or specification, the Contractor shall be

responsible for securing all required testing and inspections as well as all associated cost.

4.7 SUBCONTRACTORS

The Contractor shall not sublet any portion of this contract, or assign or transfer any interest in this contract

without receiving prior written approval from the County. Where two or more Bidders desire to submit a

single bid in response to this ITB, they should do so on a prime-subcontractor basis rather than as a joint

venture. Subcontracts for any portion of this contract must be clearly identified in the Bidder’s bid.

Subcontracts are subject to Minority Business Enterprise (MBE) and Small Local Business Enterprise

(SLBE) requirements detailed herein.

4.8 NEWS RELEASE

No news releases pertaining to this bid request or the service, study, or project to which it relates will be

made without County approval.

4.9 PUBLIC INFORMATION ACT/CONFIDENTIALITY NOTICE

Bidder should give specific attention and identification of those specific portions of their bids which they

deem to contain confidential and/or proprietary information. Such information must be individually noted

as being confidential or proprietary, either at that location, or in a separate consolidated listing contained

within the bid/proposal/bid and provide justification of why the material should not be subject to

disclosure by the County upon request under the Maryland Public Information Act. Bidders may not

declare their entire bid/proposal/bid package to be confidential or proprietary. Failure to provide specific

identification and justification may result in the County releasing the information if requested to do so.

4.10 CAMPAIGN FINANCE REFORM ACT OF 2013

The Maryland Campaign Finance Reform Act of 2013 dictates that vendors with single contracts of

$200,000 or more shall file certain campaign finance-related disclosures with the Maryland State Board

of Elections. Vendors shall certify that they have filed the requisite disclosure, and if the vendor fails to

provide this certification, the County must notify the State. In the event of Contract award, the Contractor

shall certify that campaign finance-related disclosures are filed with the Maryland State Board of Elections

as applicable.

4.11 HOLIDAY SCHEDULE

The following holidays are observed by the County:

• NEW YEAR'S DAY

• MARTIN LUTHER KING JR.'S BIRTHDAY

• *LINCOLN'S BIRTHDAY

• WASHINGTON'S BIRTHDAY

• *MARYLAND DAY


I-14

• GOOD FRIDAY

• MEMORIAL DAY

• INDEPENDENCE DAY

• LABOR DAY

• COLUMBUS DAY

• VETERAN'S DAY

• ELECTION DAY (WHEN APPLICABLE)

• THANKSGIVING DAY

• DAY AFTER THANKSGIVING

• CHRISTMAS DAY

*FLOATING HOLIDAYS - COUNTY OFFICES AND OPERATIONS SHALL BE OPEN.

PART II - GENERAL PROVISIONS


II-1

1.0 GENERAL PROVISIONS

1.1 DEFINITIONS:

A.S.T.M. - American Society for Testing Materials

BID BOND - The security to be furnished by the bidder as a guaranty of good faith to enter

into a contract with the COUNTY for the proposed work if such work is awarded to him.

BIDDER - The person or persons, partnership, firm or corporation submitting a

bid/proposal for the work contemplated.

COMMISSIONERS - The County Commissioners of Charles County.

COUNTY – The County Commissioners of Charles County, Maryland.

CONTRACT - The written agreement executed by the County Commissioners of Charles

County and the successful bidder, covering the performance of the work and the furnishing

of materials required in the construction of the project. The contract shall include

instructions to bidders, proposal, general specifications, special provisions, drawings,

performance bond, extra work orders and any other written instructions pertaining to the

method and manner of performing the work.

CONTINGENT ITEM - Any item listed on the plans or called for in the Special Provisions

and included in the Bid merely for the purpose of obtaining a contract price in case it may

be needed.

CONTRACTING OFFICER - The Director of the Department of Public Works and

includes a duly appointed successor or authorized representative.

CONTRACTING AUTHORITY - The County Commissioners of Charles County.

CONTRACTOR - The person or persons, partnership, firm or corporation who enters into

a contract awarded to him by the COUNTY.

DEPARTMENT - The authorized division or agency of Charles County Government

responsible for the service or work for which the contract will be written.

DAYS - Calendar Days

DRAWINGS - All drawings or reproductions there of pertaining to the construction of the

work which are approved by the CONTRACTING OFFICER.

EXTRA WORK - A written order to the CONTRACTOR and signed by the

CONTRACTING OFFICER, ordering a change in or an addition to the work from that

originally shown by the drawings and specifications.

GENERAL PROVISIONS - All requirements and provisions contained in this document.


II-2

OWNER - The entity holding title or having vested interest in the property and rights

associated with the property.

PAYMENT BOND – The approved form of security executed by the CONTRACTOR and

his surety, guaranteeing payment of all labor, materials, supplies and rental of equipment

reasonably required and used or consumed in the performance of the contract.

PERFORMANCE BOND - The approved form of security executed by the

CONTRACTOR and his surety, guaranteeing complete execution of the contract.

PROPOSAL - The written offer submitted by the bidder in the required manner to perform

the work contemplated.

SPECIAL PROVISIONS - Statements modifying or changing the requirements or

provisions of the General Specifications or adding new requirements or provisions thereto.

SPECIFICATIONS - The General Provisions, Special Provisions, and all written or printed

agreements and instructions pertaining to the performance of the work and to the quantity

and quality of the materials to be furnished under the contract.

1.2 SPECIFICATIONS AND DRAWINGS:

The CONTRACTOR shall keep on the work site a copy of the drawings and specifications

and shall at all times give the CONTRACTING OFFICER access thereto. Anything

mentioned in the specifications and not shown on the drawings or shown on the drawings

and not mentioned in the specifications, shall be of like effect as if shown or mentioned in

both. In case of difference between drawings and specifications, the matter shall be

promptly submitted to the CONTRACTING OFFICER, who shall promptly make a

determination in writing. Any adjustment by the CONTRACTOR without such a

determination shall be at its own risk and expense. The CONTRACTING OFFICER shall

furnish from time to time such detailed drawings and other information as he may consider

necessary, unless otherwise provided.

1.3 CHANGES:

A. The CONTRACTING OFFICER may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make any change in

the work within the general scope of the contract, including but not limited to

changes:

(1) In the specifications (including drawings and design);

(2) In the method or manner of performance of the work;

(3) In the COUNTY furnished facilities, equipment, materials, services, or site; or

(4) Directing acceleration in the performance of the work.

Any other written order or an oral order (which terms as used in this paragraph (B.)


II-3

shall include direction, instruction, interpretation, or determination) from the

CONTRACTING OFFICER, which causes any such change, shall be treated as a

change order under this article, provided that the CONTRACTOR gives the

CONTRACTING OFFICER written notice stating the date, circumstances, and

source of the order and that the CONTRACTOR regards the order as a change

order.

B. Except as herein provided, no order, statement, or conduct of the CONTRACTING OFFICER shall be treated as a change under this article or entitle the

CONTRACTOR to an equitable adjustment hereunder.

C. If any change under this article causes an increase or decrease in the CONTRACTOR'S cost of, or the time required for, the performance of any part of

the work under this contract, whether or not changed by any order, an equitable

adjustment shall be made and the contract modified in writing accordingly;

provided, however, that except for claims based on defective specifications, no

claim for any change under paragraph (B.) above shall be allowed for any costs

incurred more than twenty (20) days before the CONTRACTOR gives written

notice as therein required; and provided further, that in the case of defective

specifications for which the COUNTY is responsible, the equitable adjustment

shall include any increased cost reasonably incurred by the CONTRACTOR in

attempting to comply with such defective specifications.

D. If the CONTRACTOR intends to assert a claim for an equitable adjustment under this article, he must, within thirty (30) days after receipt of a written change order

under paragraph (A.) above or the furnishing of a written notice under paragraph

(B.) above, submit to the CONTRACTING OFFICER a written statement setting

forth the general nature and monetary extent of such claim, unless this period is

extended by the COUNTY. The statement of claim hereunder may be included in

the notice under paragraph (B.) above.

E. No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract.

1.4 CHANGE ORDERS:

A. Additional Costs: The cost of any change ordered in writing by the CONTRACTING OFFICER

which results in an increase in the contract price will be determined by one or the

other of the following methods, at the election of the CONTRACTING OFFICER.

(1) On the basis of a stated lump sum price, or other consideration fixed and agreed upon by negotiation between the CONTRACTING OFFICER and the

CONTRACTOR in advance, or if this procedure is impractical because of the

nature of the work or for any reason,

(2) On the basis of the actual necessary cost as determined by the CONTRACTING OFFICER, plus a fixed fee to cover general supervisory

and office expense and profit. The fixed fee shall not exceed fifteen percent


II-4

(15%) of the actual necessary costs. The actual necessary cost will include

all reasonable expenditures for material, labor, and supplies furnished by the

CONTRACTOR and a reasonable allowance for the use of his plant and

equipment where required, but will in no case include any allowance for

general superintendent, office expense, or other general expense not directly

attributable to the extra work. In addition to the foregoing, the following will

be allowed: the actual payment by the CONTRACTOR for workmen's

compensation and public liability insurance; performance and payment bonds

(if any); and all unemployment and other social security contributions (if any)

made by the CONTRACTOR pursuant to Federal or State statutes; when such

additional payments are necessitated by such extra work. An appropriate

extension of the working time, if such be necessary, also will be fixed and

agreed upon, and stated in the written order.

B. Reduced Costs: The cost of any change ordered in writing by the CONTRACTING OFFICER

which results in a decrease in the contract price will be determined in a manner

conformable with paragraph A.2 under Additional Costs.

1.5 DIFFERING SITE CONDITIONS:

A. The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the CONTRACTING OFFICER in writing of:

(1) Subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or

(2) Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as

inhering in work of the character provided for in this contract.

The CONTRACTING OFFICER shall promptly investigate the condition(s), and

if he finds that such conditions do materially differ and cause an increase or

decrease in the CONTRACTOR'S cost of, or the time required for, performance of

any part of the work under this contract, whether or not changed as a result of such

conditions, an equitable adjustment shall be made and the contract modified in

writing accordingly.

B. No claim of the CONTRACTOR under this article shall be allowed unless the CONTRACTOR has given the notice required in paragraph (A.) above; provided,

however, the time prescribed therefore may be extended by the County.

C. No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract.

1.6 TERMINATION OF CONTRACT FOR CONVENIENCE:

A. The COUNTY may, by written notice to the CONTRACTOR, terminate this contract in whole or in part at any time, either for the COUNTY'S convenience or


II-5

because of the failure of the CONTRACTOR to fulfill his obligations under this

contract.

Upon receipt of such notice, the CONTRACTOR shall:

(1) Immediately discontinue any part or all services as directed by the County’s authorized representative, and

(2) Deliver to the COUNTY the originals of all data, drawings, specifications, reports, estimates, summaries and such other information and materials as

may have been accumulated by the CONTRACTOR in performing under this

contract, whether completed or in process.

B. If the termination is for the convenience of the COUNTY, an equitable adjustment in the contract price shall be made but no amount shall be allowed for anticipated

profit on unperformed services.

C. If the termination is due to the failure of the CONTRACTOR to fulfill his obligations under this contract, the COUNTY may take over the work and prosecute

the same to completion by contract or otherwise. In such case, the CONTRACTOR

shall be liable to the COUNTY for any additional cost occasioned to the COUNTY.

D. If, after notice of termination for failure to fulfill obligations, it is determined that the CONTRACTOR had not so failed, the termination shall be deemed to have been

effected for the convenience of the COUNTY. In such event, adjustment in the

contract price shall be made as provided in Paragraph B of this clause.

E. The rights and remedies of the COUNTY provided in this clause are in addition to any other rights and remedies provided by law or under this contract.

1.7 TERMINATIONS FOR DEFAULT - DAMAGES FOR DELAY - TIME EXTENSIONS:

A. If the CONTRACTOR refuses or fails to prosecute the work, or any separable part thereof, with such diligence as will insure its completion within the time specified

in this contract, or any extension thereof, or fails to complete said work within such

time, the COUNTY may, by written notice to the CONTRACTOR, terminate his

right to proceed with the work or such part of the work as to which there has been

delay. In such event, the COUNTY may take over the work and prosecute the same

to completion, by contract or otherwise, and may take possession of and utilize in

completing the work such materials, appliances, and plant as may be on site of the

work and necessary therefore. Whether or not the CONTRACTOR'S right to

proceed with the work is terminated, he and his sureties shall be liable for any

damage to the COUNTY resulting from this refusal or failure to complete the work

within the specified time.

B. If fixed and agreed liquidated damages are provided in the contract and if the COUNTY so terminates the CONTRACTOR'S right to proceed, the resulting

damage will consist of such liquidated damages until such reasonable time as may


II-6

be required for final completion and acceptance of the work together with any

increased costs occasioned the COUNTY in completing the work.

C. If fixed and agreed liquidated damages are provided in the contract and if the COUNTY does not so terminate the CONTRACTOR'S right to proceed, the

resulting damage will consist of such liquidated damages until the work is

completed and accepted.

D. The CONTRACTOR'S right to proceed shall not be so terminated nor the CONTRACTOR charged with resulting damage if:

(1) The delay in the completion of the work arises from unforeseeable causes beyond the control and without the fault or negligence of the

CONTRACTOR, including but not restricted to, acts of God, acts of the

COUNTY in its contractual capacity, acts of another Contractor in the

performance of a contract with the COUNTY, fires, floods, epidemics,

quarantine restrictions, strikes, freight embargoes, unusually severe weather,

or delays of subcontractors or supplies arising from unforeseeable causes

beyond the control and without the fault or negligence of both the

CONTRACTOR and such subcontractors or suppliers; and

(2) The CONTRACTOR, within ten (10) days from the beginning of any such delay (unless the CONTRACTING OFFICER grants a further period of time

before the date of final payment under the contract), notifies the

CONTRACTING OFFICER in writing of the causes of delay.

The CONTRACTING OFFICER shall ascertain the facts and the extent of the delay

and extend the time for completing the work when, in his judgment, the findings of

fact justify such an extension, and his findings of fact shall be final and conclusive

on the parties, subject only to appeal as provided in the article of these General

Provisions entitled Disputes.

E. If, after notice of termination of the CONTRACTOR'S right to proceed under the provisions of this article, it is determined for any reason that the CONTRACTOR

was not in default under the provisions of this article, or that the delay was

excusable under the provisions of this article, the rights and obligations of the

parties shall, if the contract contains an article providing for termination for

convenience of the COUNTY, be the same as if the notice of termination had been

issued pursuant to such article. If, in the foregoing circumstances, this contract

does not contain an article providing for termination for convenience of the

COUNTY, the contract shall be equitably adjusted to compensate for such

termination and the contract modified accordingly; failure to agree to any such

adjustment shall be a dispute concerning a question of fact within the meaning of

the article of these General Provisions entitled Disputes.

F. In the event the construction of this project is interrupted, halted or discontinued by the order of a Court of competent jurisdiction or the order of a supervening

appropriate government authority over which the COUNTY has no control, then in


II-7

that event, it is the intention of these specifications that the COUNTY'S liability

shall be limited only to the actual value of the work already performed and materials

already purchased, with no allowance permitted for loss of profits that would have

ultimately accrued to the CONTRACTOR had the CONTRACTOR completed the

contract.

G. The rights and remedies of the COUNTY provided in this article are in addition to any other rights and remedies provided by law or under this contract.

H. As used in Paragraph (D.1.) of this article, the term subcontractors or suppliers means subcontractors or suppliers at any tier.

1.8 LIQUIDATED DAMAGES:

A. The CONTRACTOR shall be liable for and shall pay to the COUNTY as fixed, agreed and liquidated damages such sum or sums as set forth herein before for each

and every calendar day which the actual time of completion shall be delayed beyond

the aforesaid permitted time of completion. Actual damages for such delay are

impossible of determination, thus, said sum is a measure only of liquidated damages

the COUNTY will sustain for each delay and shall not be construed as a penalty.

B. The COUNTY shall have the right to deduct the total amount of any liquidated damages for which the CONTRACTOR may be liable from moneys otherwise due

the CONTRACTOR including any retainage under the control of the COUNTY.

C. The surety upon the Performance Bond furnished by the CONTRACTOR shall be liable for any such liquidated damages for which the CONTRACTOR may be

liable, to the extent that the CONTRACTOR shall not make settlement therefore

with the COUNTY.

1.9 PAYMENTS TO CONTRACTOR:

A. The COUNTY will pay the contract price, less all costs for overtime superintendence and inspection, as herein-after provided.

B. The COUNTY will make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the CONTRACTING OFFICER, on

estimates approved by the CONTRACTING OFFICER. Progress payments will

be due and payable thirty (30) calendar days after the COUNTY receives an

acceptable invoice. If requested by the CONTRACTING OFFICER, the

CONTRACTOR shall furnish a breakdown of the total contract price showing the

amount included therein for each principal category of the work, in such detail as

requested, to provide a basis for determining progress payments. In the preparation

of estimates, the CONTRACTING OFFICER, at his discretion, may authorize

material delivered on the site and preparatory work done to be taken into

consideration. Material delivered to the CONTRACTOR at locations other than the

site may also be taken into consideration (1) if such consideration is specifically

authorized by the contract and (2) if the CONTRACTOR furnishes satisfactory

evidence that he has acquired title to such material and that it will be utilized on the

work covered by this contract. Such payments shall be conditioned upon


II-8

submission by the CONTRACTOR of bills of sale or such other procedures

satisfactory to the COUNTY to establish the COUNTY'S title to such materials or

equipment or otherwise protect the COUNTY'S interest, including applicable

insurance and transportation to the site.

C. In making such progress payments, there shall be retained five-percent (5%) of the estimated amount until final completion and acceptance of the contract work.

D. All material and work covered by progress payments made shall thereupon become the sole property of the COUNTY but this provision shall not be construed as

relieving the CONTRACTOR from sole responsibility for all material and work

upon which payments have been made or the restoration of any damaged work, or

as waiving the right of the COUNTY to require the fulfillment of all of the terms

of the contract.

E. Upon completion and acceptance of all work, the amount due the CONTRACTOR under this contract shall be paid upon the presentation of a properly executed

voucher and after the CONTRACTOR shall have furnished the COUNTY with a

release, if required, of all claims against the COUNTY arising by virtue of this

contract, other than claims in stated amounts as may be specifically excepted by the

CONTRACTOR from the operation of the release. The following documents,

complete in all respects, shall be submitted with the final request for payment:

(1) Document AIA G-706, Contractor's Affidavit of Release of Liens and Payment of Debts and Claims.

(2) Document AIA G-707, Consent of Surety Company for Final Payment.

F. A formal final inspection will be scheduled within two (2) weeks of notification to the CONTRACTING OFFICER that the work is substantially completed. The

CONTRACTING OFFICER shall have the option to correct or complete by others,

any punch list items not completed by the CONTRACTOR within thirty (30)

calendar days after the CONTRACTOR receives the punch list. The cost of all

work by others shall be deducted from the final payment.

1.10 MATERIAL AND WORKMANSHIP:

A. Unless otherwise specifically provided in this contract, all equipment, material, and articles incorporated in the work covered by this contract are to be new and of the

most suitable grade for the purpose intended. Unless otherwise specifically

provided in this contract reference to any equipment, material, article, or patented

process, by trade name, make, or catalog number, shall be regarded as establishing

a standard of quality and shall not be construed as limiting competition, and the

CONTRACTOR may, at his option, use any equipment, material, article, or process

which, in the judgment of the CONTRACTING OFFICER, is equal to that named.

The CONTRACTOR shall furnish to the CONTRACTING OFFICER for his

approval the name of the manufacturer, the model number, and other identifying

data and information respecting the performance, capacity, nature, and rating of the

machinery and mechanical and other equipment which the CONTRACTOR


II-9

contemplates incorporating in the work. When so directed, samples shall be

submitted for approval at the CONTRACTOR'S expense, with all shipping charges

prepaid. Machinery, equipment, material, and articles installed or used without

required approval shall be at the risk of subsequent rejection.

B. All work under this contract shall be performed in a skillful and workmanlike manner. The CONTRACTING OFFICER may, in writing require the

CONTRACTOR to remove from the work any employee the CONTRACTING

OFFICER deems incompetent, careless, or otherwise objectionable.

1.11 INSPECTION AND ACCEPTANCE:

A. Except as otherwise provided in this contract, inspection and test by the COUNTY of material and workmanship required by this contract shall be made at reasonable

times and at the site of the work, unless the CONTRACTING OFFICER determines

that such inspection or test of material which is to be incorporated in the work shall

be made at the place of production, manufacture, or shipment of such material. To

the extent specified by the CONTRACTING OFFICER at the time of determining

to make off-site inspection or test, such inspection or test shall be conclusive as to

whether the material involved conforms to the contract requirements. Such off-site

inspection or test shall not relieve the CONTRACTOR of responsibility for damage

to or loss of the material prior to acceptance, nor in any way affect the continuing

rights of the COUNTY after acceptance of the completed work under the terms of

paragraph (F.) of this article, except as here in above provided.

B. The CONTRACTOR shall, without charge, replace any material or correct any workmanship found by the COUNTY not to conform to the contract requirements,

unless in the public interest the COUNTY consents to accept such material or

workmanship with an appropriate adjustment in the contract price. The

CONTRACTOR shall promptly segregate and remove rejected material from the

premises.

C. If the CONTRACTOR does not promptly replace rejected material or correct rejected workmanship, the COUNTY may: (1) by contract or otherwise, replace

such material or correct such workmanship and charge the cost thereof to the

CONTRACTOR, or (2) terminate the CONTRACTOR'S right to proceed in

accordance with Article 6 of these General Provisions.

D. The CONTRACTOR shall furnish promptly, and without additional charge, all facilities, labor, and material reasonably needed for performing such safe and

convenient inspection and test as may be required by the CONTRACTING

OFFICER. All inspection and test by the COUNTY or its agent shall be performed

in such manner as not unnecessarily to delay the work. Special, full size and

performance tests shall be performed as described in this contract. The

CONTRACTOR shall be charged with any additional cost of inspection when

material and workmanship are not ready at the time specified by the

CONTRACTOR for its inspection.


II-10

E. Should it be considered necessary or advisable by the COUNTY, at any time before acceptance of the entire work, to make an examination of work already completed,

by removing or tearing out same, the CONTRACTOR shall, on request, promptly

furnish all necessary facilities, labor, and material. If such work is found to be

defective or nonconforming in any material respect, due to the fault of the

CONTRACTOR or his subcontractors, he shall defray all the expenses of such

examination and of satisfactory reconstruction. If, however, such work is found to

meet the requirements of the contract, an equitable adjustment shall be made in the

contract price to compensate the CONTRACTOR for the additional services

involved in such examination and reconstruction and, if completion of the work has

been delayed thereby, he shall, in addition, be granted a suitable extension of time.

F. Unless otherwise provided in this contract, acceptance by the COUNTY shall be made as promptly as practicable after completion and inspection of all work

required by this contract. Acceptance shall be final and conclusive except as

regards latent defects, fraud, or such gross mistakes as may amount to fraud, or as

regards the COUNTY'S right under any warranty or guarantee.

1.12 SUPERINTENDENCY BY CONTRACTOR:

The CONTRACTOR shall give his personal superintendence to the work or have a

competent foreman or superintendent, satisfactory to the CONTRACTING OFFICER, on

the work at all times during progress, with authority to act for him.

1.13 PERMITS AND RESPONSIBILITIES:

The CONTRACTOR shall, without additional expense to the COUNTY, be responsible

for obtaining any necessary licenses and permits, and for complying with any applicable

Federal, State, and Municipal laws, codes, and regulations in connection with the

prosecution of the work. He shall be similarly responsible for all damages to persons or

property that occurs as a result of his fault or negligence. He shall take proper safety and

health precautions to protect the work, the workers, the public, and the property of others.

He shall also be responsible for all materials delivered and work performed until

completion and acceptance of the entire construction work, except for any complete unit

of construction thereof which theretofore may have been accepted.

1.14 CONDITIONS AFFECTING THE WORK:

The CONTRACTOR shall be responsible for having taken steps reasonably necessary to

ascertain the nature and location of the work, and the general and local conditions which

can affect the work or the cost thereof. Any failure by the CONTRACTOR to do so will

not relieve him from responsibility for successfully performing the work without additional

expense to the COUNTY. The COUNTY assumes no responsibility for any understanding

or representations concerning conditions made by any of its officers or agents prior to the

execution of this contract, unless such understanding or representations by the COUNTY

are expressly stated in the contract.

1.15 OTHER CONTRACTS:

The COUNTY may undertake or award other contracts for additional work excluded from

this contract, and the CONTRACTOR shall fully cooperate with such other Contractors

and COUNTY employees and carefully fit his own work to such additional work as may


II-11

be directed by the CONTRACTING OFFICER. The COUNTY'S separate contractors will

coordinate their work with the CONTRACTOR. The CONTRACTOR shall not commit

or permit any act which will interfere with the performance of work by any other

CONTRACTOR or by employees.

1.16 PATENT INDEMNITY:

Except as otherwise provided, the CONTRACTOR agrees to indemnify the COUNTY and

its officers, agents, and employees against liability, including costs and expenses, for

infringement upon any Letters, Patents of the United States arising out of the performance

of this contract or out of the use or disposal by or for the account of the COUNTY of

supplies furnished or construction work performed hereunder.

1.17 ADDITIONAL BOND SECURITY:

If any surety upon any bond furnished in connection with this contract becomes

unacceptable to the COUNTY or if any such surety fails to furnish reports as to his financial

condition from time to time as requested by the COUNTY, the CONTRACTOR shall

promptly furnish such additional security as may be required from time to time to protect

the interests of the COUNTY and of persons supplying labor or materials in the prosecution

of the work contemplated by this contract.

1.18 COVENANT AGAINST CONTINGENT FEES:

The CONTRACTOR warrants that no person or selling agency has been employed or

retained to solicit or secure this contract upon an agreement or understanding for a

commission, percentage, brokerage, or contingent fee, excepting bona fide employees or

bona fide established commercial or selling agencies maintained by the CONTRACTOR

for the purpose of securing business. For breach or violation of this warranty the COUNTY

shall have the right to annul this contract without liability or in its discretion to deduct from

the contract price or consideration, or otherwise recover, the full amount of such

commission, percentage, brokerage, or contingent fee.

1.19 EMPLOYMENT DISCRIMINATION PROHIBITED:

During the performance of this contract, the CONTRACTOR agrees as follows:

A. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The

CONTRACTOR will take affirmative action to ensure that applicants are

employed, and that employees are treated during employment, without regard to

their race, color, religion, sex, or national origin. Such action shall include, but not

be limited to, the following: employment, upgrading, demotion, or transfer;

recruitment or recruitment advertising; layoff or termination; rates or pay or other

forms of compensation; and selection for training, including apprenticeship.

B. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants

will receive consideration for employment without regard to race, color, religion,

sex, or national origin.


II-12

C. The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or

understanding, a notice, to be provided by the CONTRACTING OFFICER

advising the labor union or worker's representative of the CONTRACTOR'S

commitments under this Equal Opportunity article and shall post copies of the

notice in conspicuous places available to employees and applicants for

employment.

D. In the event of the CONTRACTOR'S noncompliance with the Equal Opportunity article of this contract or with any of the said rules, regulations, or orders, this

contract may be cancelled, terminated, or suspended, in whole or in part.

1.20 SUSPENSION OF WORK:

A. The CONTRACTING OFFICER may order the CONTRACTOR in writing to suspend, delay, or interrupt all or any part of the work for such period of time as he

may determine to be appropriate for the convenience of the public.

B. If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted by an act of the CONTRACTING

OFFICER in the administration of this contract, or by his failure to act within the

time specified in this contract (or, if no time is specified, within a reasonable time),

an adjustment shall be made for any increase in the cost of performance of this

contract (excluding profit) necessarily caused by such unreasonable suspension,

delay, or interruption and the contract modified in writing accordingly. However,

no adjustment shall be made under this article for any suspension, delay, or

interruption to the extent (1) that performance would have been so suspended,

delayed, or interrupted by any other cause, including the fault or negligence of the

CONTRACTOR or (2) for which an equitable adjustment is provided for or

excluded under any other provision of this contract.

C. No claim under this article shall be allowed (1) for any costs incurred more than twenty (20) days before the CONTRACTOR shall have notified the

CONTRACTING OFFICER in writing of the act or failure to act involved (but this

requirement shall not apply as to a claim resulting from a suspension order), and

(2) unless the claim, in an amount stated, is asserted in writing as soon as practicable

after the termination of such suspension, delay, or interruption, but not later than

the date of final payment under the contract.

1.21 SUBCONTRACTORS:

Subsequent to the award, the CONTRACTOR shall, submit for approval a complete list of

subcontractors who will be engaged by him in the execution of the work. After the list of

subcontractors has been approved, no changes shall be made in it without the permission

and approval of the CONTRACTING OFFICER. The CONTRACTING OFFICER will,

however, permit the CONTRACTOR to take the work out of the hands of any or all of the

subcontractors and complete it himself if for any reason it becomes necessary or desirable

for him to do so. That portion of the specifications beginning with the CONSTRUCTION

SPECIFICATIONS, if included in these documents, is arranged for editorial convenience

only, the divisions thereof are not to be construed in the whole as the complete


II-13

representation of the work, nor individually as authorization or approval by the COUNTY

to subdivide the CONTRACTOR'S responsibilities into subcontracts related to such

division. Nothing contained in the contract documents shall create any contractual

relationship between any subcontractor and the COUNTY.

1.22 SPECIFICATIONS, STANDARDS, AND FORMS:

Specifications and also standards of associations, societies, and laboratories referred to in

these specifications shall become a part of this contract and shall be considered as though

incorporated herein. The latest edition or amendment of supplement thereto in effect on the

latest bid invitation shall apply. Standards of associations, societies, and laboratories

referred to in the specifications may be obtained directly from such organizations.

The COUNTY shall not be responsible for furnishing any drawing, specification, or

published material not specifically identified in the Special Provisions of these

specifications.

1.23 WORKING HOURS PER DAY:

The normal number of working hours per day on this contract will be limited to eight (8),

unless otherwise authorized by the CONTRACTING OFFICER.

1.24 SATURDAYS, SUNDAYS, HOLIDAYS, AND NIGHT WORK:

The CONTRACTOR will not be permitted to do any work which requires the services of

the COUNTY'S inspection supervisory forces on Saturdays, Sundays, or holidays unless

otherwise authorized by the CONTRACTING OFFICER in writing. However, the

CONTRACTOR, with verbal permission of the CONTRACTING OFFICER, may be

permitted to perform on Saturdays and holidays, clean-up and such other items for which

no specific payment are involved. In cases of bona fide emergencies, sound judgment shall

be exercised.

1.25 CONTRACTOR RESPONSIBLE FOR OVERTIME COSTS:

In cases where the CONTRACTOR desires to work in excess of the normal number of

working hours per day and/or on designated COUNTY holidays, Saturdays, or Sundays,

the CONTRACTOR shall submit such requests in writing to the CONTRACTING

OFFICER at least three (3) days in advance of the requested extended working hour period.

The CONTRACTOR shall include with the request the specific tasks or operations to be

performed during the proposed period of extended working hours. The CONTRACTOR

shall be responsible for all costs incurred by the COUNTY in providing superintendence

and inspection services to accommodate the CONTRACTOR in working extended hours

including premium time, quality control testing, per diem, and miscellaneous expenses.

The COUNTY shall, with documentation, deduct the said monies for superintendence and

inspection of the CONTRACTOR's work outside the normal working hours from payments

due the CONTRACTOR. Said requested deductions shall not constitute a change or change

order to the contract. The CONTRACTOR expressly agrees to the deductions from

payments due in accordance with the following fee schedule (where applicable) for those

services as deemed necessary by the COUNTY:

Engineer ................................$110.00 per hour

Inspector ................................$80.00 per hour


II-14

COUNTY Staff .....................$60.00 per hour

Miscellaneous........................As Billed to the COUNTY

Quality Control Testing.........As Billed to the COUNTY

Other .....................................As Billed to the COUNTY

1.26 EMERGENCY WORK:

In case of an emergency, when work requiring supervision by the COUNTY or the

CONTRACTOR is to be performed on Saturdays, Sundays, holidays or for longer than

eight (8) hours per day, the CONTRACTOR shall request permission of the

CONTRACTING OFFICER to do so. If, in the opinion of the CONTRACTING

OFFICER, the emergency is bona fide, he will grant permission to the CONTRACTOR to

work such hours as may be necessary. Also if, in the opinion of the CONTRACTING

OFFICER, a bona fide emergency exists, he may direct the CONTRACTOR to work

such hours as may be necessary whether the CONTRACTOR requests permission to do so

or not.

1.27 CONSTRUCTION FACILITIES:

The CONTRACTOR will provide, erect, maintain and remove when directed: all

barricades, staging, platforms, guards, etc., as required by local codes or laws, for

protection of workmen, the public, or the environment. The construction and maintenance

of these items shall comply with all applicable safety codes and regulations.

1.28 TEMPORARY FACILITIES:

Before submitting his bid, the CONTRACTOR should visit the site and should confer with

the owners of the facilities to determine the use and availability of existing water, sanitary

facilities, electric power, and storage space, and to determine the extent to which the

CONTRACTOR will be required to provide or supplement these and other necessary

facilities at his own expense.

Where existing toilet facilities are not available, the CONTRACTOR shall provide and

maintain in a sanitary condition, an enclosed fly-tight toilet located as directed by the

CONTRACTING OFFICER.

1.29 OPERATING AND RESTORATION:

The CONTRACTOR shall so conduct his operation as not to interfere with or endanger the

ordinary use of existing structures, roads, utilities, and other facilities. The

CONTRACTOR shall provide and maintain all temporary roadways which may be

authorized and all control and safety devices necessary to maintain traffic, safety and the

optimum normal use thereof. Equipment, operations, and materials shall be confined to the

limits defined by the CONTRACTING OFFICER.

The site of the work and facilities required to be constructed under the contract shall be

maintained in a clean, orderly, and safe condition. Rubbish, surplus materials, and excess

equipment shall not be permitted to accumulate during the progress of the work.

After each facility is completed and after all the work under the contract has been

completed, the structure, facility, temporary facilities, barricades, toilets, and all the

premises shall be left clean and in a condition satisfactory to the CONTRACTING


II-15

OFFICER.

The CONTRACTOR shall restore at his expense any damage to any property, including

damage to trees, shrubs, ground cover, and other vegetation, and the CONTRACTOR shall

save and hold the COUNTY free from all claims for damages or injury to all persons or

property caused or alleged to have been caused by the CONTRACTOR, his agents,

employees, workmen, and subcontractors in the execution of this contract.

1.30 WORK STOPPAGE BY THE COUNTY:

The CONTRACTING OFFICER, by issuance of a stop work order, may direct the

CONTRACTOR to suspend any work that may be subject to damage because of weather

conditions. Extensions of time will be allowed, but no extensions of time shall release the

CONTRACTOR and his sureties from their general obligations under the contract and

performance bond.

1.31 APPROVAL OF SPECIALIZED FACILITIES:

Certain items specified elsewhere in these specifications may be required to be of an

approved type for the purpose intended, as determined by a nationally recognized

organization adequately equipped and competent to perform the specific inspection and

approval service by examination, inspection, tests, or a combination thereof.

Where such approval is required, the evidence of such approval shall be considered

acceptable by the attachment to the article of the seal or label of the organization designated

for the item specified, the inclusion by description and identification of such article in the

current registry of approved items by the designated organization, or the issuance by the

designated organizatio